The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

1. Facts of recognition;

가. 원고는 2017. 8. 11. 16:40경 자신의 오토바이를 운전하여 부산 가락대로(이하 ‘이 사건 도로’라 한다)를 경마장 방면에서 가락IC방향으로 진행하여 부산 강서구 B 지점에 이르렀는데 도로 4차로와 길어깨 부분의 돌출된 부분(이하 ‘이 사건 도로 돌출 부분’이라 한다)에 오토바이가 튕겨 넘어지면서 가드레일에 머리를 부딪히는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였다.

B. In the instant accident, the Plaintiff suffered bodily injury, such as an open brain brain, a frame of the right-to-hand two ruptures, and a frame of the stalves No. 7, etc.

C. The defendant is the manager of the road where the accident of this case occurred.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The Plaintiff’s assertion 1) The instant accident occurred due to the Defendant’s error in road management, such as the defect or incomplete road construction, which is the road management authority. As such, the Defendant is liable to compensate the Plaintiff for damages equivalent to KRW 50 million in total of KRW 38,750,459, and KRW 11,249,541, incurred by the Plaintiff due to the instant accident. (2) The instant accident occurred entirely due to the Plaintiff’s negligence in the Plaintiff’s driving, and the Defendant’s duties as the road management authority cannot expect that all of the roads will be managed entirely due to the existence of human and material restrictions on the Defendant’s duties. Therefore, it cannot be deemed that the instant road was in a state where the safety required for the road was not

B. The “defect in the construction and management of public structures” under Article 5(1) of the State Compensation Act refers to the state in which the public structures offered for public purposes have failed to have ordinary safety in accordance with their intended use.

In addition, whether the above safety has been secured is the construction or manager of the public structure.